Short answer. Yes, but only up to what he got back. Even after rightfully receiving the return of his contribution, a limited partner remains liable to the partnership for whatever sum, not exceeding that return with interest, is needed to pay creditors whose claims arose before the contribution was returned.

What the law says

When a contributor has rightfully received the return in whole or in part of the capital of his contribution, he is nevertheless liable to the partnership for any sum, not in excess of such return with interest, necessary to discharge its liabilities to all creditors who extended credit or whose claims arose before such return.

Civil Code, Article 1858 — Limited Partner's Liability to the Partnership. Read the full provision →

Return of capital does not fully release you

A limited partner might assume that once the contribution has been paid back, the connection to the partnership's debts is over. Article 1858 says otherwise. It provides that when a contributor has rightfully received the return in whole or in part of the capital of his contribution, he is nevertheless liable to the partnership for sums needed to pay certain creditors. The word nevertheless is the point: even a proper, rightful return of capital leaves a residual exposure. The idea is that a limited partner should not be able to pull their money out ahead of creditors who had already extended credit and then walk away leaving those creditors unpaid.

How far the liability goes

The exposure is bounded, not open-ended. Two limits define it. First, the amount: the limited partner is liable only for any sum, not in excess of such return with interest, so the ceiling is essentially what was taken back out, plus interest, and no more. Second, the creditors: the liability runs to discharge the partnership's debts to all creditors who extended credit or whose claims arose before such return. Creditors who came along only after the contribution was returned are not covered by this particular liability. In effect, the returned capital is treated as still available, up to its amount, to satisfy those who were already owed when it left the partnership.

The article's other liabilities

This same article sets out related ways a limited partner can owe the partnership. A limited partner is liable for the difference between his contribution as actually made and that stated in the certificate as having been made, and for any unpaid contribution promised in the certificate. They also hold as trustee for the partnership specific property that the certificate says was contributed but was not, or that has been wrongfully returned, and money wrongfully paid or conveyed to them. The through-line is that what the certificate represents to the world, and what creditors relied on, cannot be quietly undone to the limited partner's benefit.

What this means in practice

If you are a limited partner who has received your capital back, understand that a claim can still reach you up to that amount, with interest, for debts that predated the return. Keep records of when your contribution was returned and of what the partnership owed at that time, because the cut-off between before and after the return is what decides which creditors you answer to. For a creditor, the same rule is a potential source of recovery. Given how much turns on timing and amounts, it is worth having the certificate and the partnership's obligations reviewed by a lawyer.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.